The Right of Labor Organizations to Bargain Collectively and Its‘ Independence (근로자단체의 교섭권과 자주성)

Gyo-Sook Kim (김교숙)

The Right of Labor Organizations to Bargain Collectively and Its‘ Independence

DONG-A LAW REVIEW
2015, (68), pp.405-433
Publisher : The Institute for Legal Studies Dong-A University
Research Area : Social Science > Law

Gyo-Sook Kim ¹

¹부산외국어대학교

Accredited

ABSTRACT

Collective bargaining is a fundamental right. It is a key means through which employer and their organization and trade union can establish fair wages and working conditions. It also provides the basis for sound labor relations. The object of these negotiation is to arrive at a collective agreement that regulates the terms and conditions of employment. Collective agreements may also address the rights and responsibilities of the parties thus ensuring harmonious and productive industries and workplaces. Enhancing the inclusiveness of collective bargaining and collective agreements is a key means for reducing inequality and extending labor protection. Workers' independent right to bargain collectively should not be impeded or restricted by the public authorities, especially by the legislation or the enactment. Workers' independent right to bargain collectively should include such rights as follows; ① the right to choose the party to bargaining, ② the right to elect the bargaining representatives in full freedom, ③ the right to choose the bargaining form, ④ the right to contract the collective agreement etc. ILO Convention No.98 (Convention concerning the Application of the Principles of the Right to Organize and to Bargain Collectively) Article 4 regulates as follows; “Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organization and workers' organization, with a view to the regulation of terms and conditions of employment by means of collective agreements.” This paper suggests the problems and their amendments of the Labor Union and Labor Relations Adjustment Act 2014(LULRAA) in violation of the Constitution Law Article 33 as well as the ILO Convention No. 87 and No. 98. as follows; ① the subject of the right to bargain collectively(LULRAA Article 29), ② the right to choose the party to bargaining(LULRAA Article 29 2 sub.1), ③ the right to elect the bargaining representatives in full freedom(LULRAA Article 29 2 sub.2 and 3), ④ the right to decide the bargaining unit(LULRAA Article 29 2 sub.1), ⑤ the right to demand the collective bargaining(LULRAA Article 30), ⑥ the right to contract the collective agreements(LULRAA Article 31 and Article 34). Conclusively speaking, I want this paper contributes the amendment of LULRAA to correspond with the Constitution Law as well as the ILO Convention No. 87, No. 98 and No. 154.

KEYWORDS

Labor Organizations, Workers' independent right to bargain collectively, the right to choose the party to bargaining, the right to elect the bargaining representatives, the right to choose the bargaining form, the right to contract the collective agreement, ILO Convention No. 87, No. 98 and No. 154, the Labor Union and Labor Relations Adjustment Act 2014.

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